Problem Based Learning

A Problem Based Learning (PBL) Approach to

Professional Ethics for School Psychology – Part I

Starring, as the specialist in school psychology,

Mini Esquella, M.A.

3 hour CE – ON LINE

Prepared for and donated to the Texas Psychological Association

Directions:

In the following vignette please assume that you have the role of Mini Esquella. Each dilemma contains questions designed to stimulate ethical reasoning. Following each dilemma is a multiple choice exam question. There is one best answer to each exam question. Complete the answer sheet and fax (along with the fee) for scoring to (512) 255-1642. If you prefer to mail a check, mail to PO Box 1930, Cedar Park, TX 78630.

If your score is above 70% you will receive a certificate for 3 hours continuing education. If you do not score above 70% you may again pay the fee and re-take the test. Resources provided with the vignette are meant to be suggestive, not exhaustive. Resource citations are only guaranteed for the above date. Primary resources include:

*Texas State Board of Examiners of Psychologists, Act & Rules (www.tsbep.state.tx.us)

*American Psychological Association Code of Ethics (www.apa.org/ethics)

*National Association of School Psychologists Professional Ethics (www.naspweb.org)

*Texas laws (www.capitol.state.tx.us) Then click on Texas statutes in the left column under Research. Or order the book Texas Mental Health Law from TPA.

The following vignette is a work of fiction designed to promote knowledge acquisition and knowledge application, develop problem solving/critical thinking skills, promote life long self-directed learning and professional behavior, illuminate the ethical role issues of the specialist in school psychology, and illustrate the legal issues of professional practice. The characters and events in this vignette are fictional and any resemblance between real persons and events is coincidental.

Chapter 1 The Perils of Employment

A. You will shortly have your master’s degree in hand and want to enter the work force as soon as possible after graduating in order to reduce your student loan debt and get that new SUV you have coveted for so long. For years you have wanted to work in the education field, perhaps as a counselor. But more recently you heard about a new entity, the school psychologist. Your alma mater is very small and does not have a school psychology program so you have simply taken all the relevant education and psychology courses you could, hoping to get employed by your local school district. The district is located in a small rural area of south Texas and has trouble attracting qualified personnel. As the May graduation approaches, you wonder what you can legitimately put on your resume for use in your job search?

Resources:

APA Ethics 5.01 – Avoidance of false statements

NASP Ethics II (A) (2 & 3) – accurate representation; use of affiliations

TSBEP Rule 465.6 - Listings, etc.

EXAM QUESTION 1. Which of the following would be ethical to put on your resume?

a. master’s degree from a non-accredited institution

b. certification purchased on eBay.

c. the degree you hope to obtain

d. prestigious references you’ve not yet contacted

e. none of the above

B. Graduation finally arrives. While waiting to get your first job with the school district in the fall, you plan to earn extra cash by doing some psychological testing for a local psychologist, Dr. Indy Practice, during the summer. What legal/ethical problems might arise with your accepting such summer employment? If your degree had been a doctorate, would your answers be different? Under what circumstances could you accept such employment? Could you provide private psychological services for students who are also enrolled in the district where you hope to work?

Resources:

NASP Ethics V (A) (2) – prohibitions for dually employed

Psyc. Licensing Act, Sec. 501.251 - License requirements

TSBEP Rule 465.3 – Providers of psyc. Services

TSBEP Rule 465.4 - Employment of individuals not licensed, etc.

EXAM QUESTION 2. Doing psychological testing under the supervision of a private practicing licensed psychologist can be done by

a. LSSPs

b. LPAs

c. other licensed mental health practitioners (LPCs, LMFTs, etc.)

d. any student the supervisor considers competent

e. all of the above

C. Several weeks later you receive a letter from the Texas State Board of Examiners of Psychologists. They indicate a complaint has been filed against you for practicing without a license, and against Dr. Practice for allowing you to provide psychological services. They note that you are offering psychological services but are not a licensee of their board, or any other mental health board. They therefore order you to cease and desist from offering what appear to be psychological services and ask you to respond to them. What do you do now? What steps do you take in dealing with a Board complaint? Why is Dr. Practice in trouble? Where do you check to answer these questions?

Resources:

APA 9.07 – Assessment by Unqualified Persons

TSBEP 465.4 – Employment of Individuals Not Licensed, etc.

TSBEP 465.35 - Resolution of Allegation, etc.

TSBEP 469.5 – Complaint Disposition

TSBEP Chapter 470 - Administrative Procedure

EXAM QUESTION 3. How do you respond to a Board complaint?

a. Sue whoever filed the complaint.

b. Ask the President of your professional association to write you a letter of support.

c. Respond completely in the time required.

d. Express your outrage that the Board would dare to question your actions.

e. Cry and throw yourself on the mercy of the Board.

D. You cease and desist from your work with Dr. Practice mighty fast. The Psychologists’ Licensing Board is requiring you to take some Continuing Education (CE) on licensing requirements and wait 6 months before applying for licensure. In a sobered mood, you decide to make good use of this time by obtaining the necessary internship required for licensure as a Texas LSSP. Fortunately, you have all the coursework required for the LSSP. You apply directly to the personnel department of the local school district for an LSSP internship. The district is delighted to find someone with diagnostic skills and wants to hire you directly as a Diagnostician. Can they do this? Who assumes the liability if they do? What will the Licensing Board require for this to be considered a valid LSSP internship? How will you sign your reports? What supervision arrangements should you discuss before accepting this job?

Resources:

APA 3.07 – Third-Party Requests for Services

NASP IV (D) (4) – reports co-signed & intern identified

NASP III (F) - trainees and interns

TSBEP 463.9 – LSSP

TSBEP 465.2 – Supervision

TSBEP 465.6 – Listing, etc.

TSBEP 465.38 - Psyc. Services in the Schools (sections 4 & 5 – Supervision)

EXAM QUESTION 4. Who can provide school psychological services in Texas public schools?

a. any individual enrolled in a university’s school psychology internship

b. any licensed psychologist

c. any post-doctoral psychology graduate

d. any individual hired by the public school to provide such services

e. all of the above

EXAM QUESTION 5. What is the best way for a supervisor to document supervision?

a. have standing supervision times

b. write the supervision appointment times in your calendar

c. co-sign reports and client records

d. inform parents of supervision arrangements during informed consent

e. always be on-site with the supervisee

Ethical/Legal Areas Addressed

Licensure requirements, preparation, and restrictions

Handling Board complaints

Supervision arrangements and competence

Chapter 2 Testing….Testing….

A. You make the necessary legal arrangements and accept the job as a Diagnostician/LSSP Intern with the local school district. You are delighted to generate a salary and begin your professional career. Your supervisor is Ms. Laissez Faire, a woman who obtained her LSSP under the “grandparent” clause in 1996. Ms. Faire has been translating some of the standard assessment instruments into Spanish. She is quite proud of these accomplishments and hopes to publish the translations. She asks you to use these instruments whenever you must test a youngster whose primary language is Spanish. What ethical issues are raised here? How should you handle this request?

Resources:

APA 2.01 – competence

APA 9.03 – Informed Consent in Assessments

APA 9.05 - Test Construction

NASP IV (C) (2 & 4) - standardized, research-based instruments

TSBEP 465.9 - Competency

TSBEP 465.16 – Evaluation, etc.

EXAM QUESTION 6. Your supervisor has asked you to test a youngster using the supervisor’s Spanish translation of a standard test instrument. Which of the following concerns would NOT be covered by an ethics code?

a. whether the supervisor is competent to develop such a test

b. whether the parents have consented to the use of such an experimental procedure

c. whether you have the competencies to administer, score, and interpret the test

d. whether the test has been validated for the purposes for which it is intended

e. whether the school district has approved use of the translated test

B. The district is also strapped for funds and routinely photocopies blank test protocols for use with students. What problem does this raise?

Resource:

NASP IV (F) (6) - uphold copyright laws

TSBEP 465.37 - Compliance with all Applicable Laws

EXAM QUESTION 7. Which of the following procedures would violate copyright laws if you ran out of test protocols?

a. purchase and use new protocols

b. borrow and use the protocols you need

c. photocopy and use a blank test protocol

d. photocopy and use a blank protocol and then attach a purchased protocol to the copy when you can afford the purchase

e. photocopy and use a blank test protocol if the publisher gives you permission

C. Because the district has been so short staffed, Ms. Faire has been accepting “psychological evaluations” conducted by personnel at the local MHMR agency on district children who need comprehensive evaluations. Any ethical/legal problems here?

Sometimes the “psychological evaluations” are done by psychiatrists in the community. What part do these reports play in classifying youngsters as emotionally disturbed? Who makes the determination of emotional disturbance to qualify students for special education? Do TEA and TSBEP have different standards here? If there appears to be conflict between two (or more) sets of rules/laws, how is this to be resolved?

Resources:

APA 1.02 & 1.03 – conflicts, etc.

APA 3.09 - Cooperation with Other Professionals

NASP III (E) - professional relations

TSBEP 465.9 – Competency

TSBEP 465.38 (3) – Providers of School Psychology Services

TSBEP 465.38 (6) - Conflict Between Laws and Board Rules

EXAM QUESTION 8. If psychological evaluations are conducted by other than LSSPs for a child’s educational program placement, what is the primary ethical issue the LSSP must address before accepting any of the report?

a. whether the evaluator is a licensed mental health practitioner

b. whether the evaluator is licensed by the psychology board

c. whether the evaluator works for an exempt agency if he/she is not licensed

d. whether the evaluator is competent to conduct a valid evaluation

e. whether the evaluator has been approved by the school district

EXAM QUESTION 9. If there appears to be conflict between various directives, what standard prevails?

a. TSBEP rules

b. the law

c. TEA regulations

d. district policy

e. professional association guidelines

D. No sooner do you begin your new job than the principal of the high school brings you a list of the students he wants tested and classified under special education. Your supervisor tells you that the special education director is your boss, not the principal. How do you handle this professional relationship issue?

Resources:

APA 1.03 – conflicts, etc.

APA 3.09 - Cooperation with Other Professionals

APA 3.11 - services delivered through organizations

NASP III (A) (4) - resolve conflicting interests

NASP III (E) (3) - explaining role and working relationships

NASP IV (A) (2 & 3) - advocate children’s rights

NASP IV (B) (3 & 4) - clarifying role

TSBEP 465.1 (1) - Definition of “Client”

TSBEP 465.10 - Basis for professional judgments

TSBEP 465.11 (d) - clarifying role to each party

EXAM QUESTION 10. If you are ordered to qualify a youngster for special education, your primary ethical responsibility in determining the child’s eligibility is to follow

a. the principal’s wishes.

b. the special education director’s wishes.

c. the parents’ wishes.

d. the client’s wishes.

e. the evidence collected.

E. The principal impresses upon you the financial constraints under which the district operates. He asks if you could train some of the teachers to give selected tests that you use in order to stretch resources. Can you comply?

Resources:

APA 9.07 – Assessment by Unqualified Persons

NASP IV (C) (5) - unqualified persons

TSBEP 465.4 - Employment of individuals not licensed, etc.

TSBEP 465.14 - Misuse of Licensees’ Services

EXAM QUESTION 11. Can you ethically train teachers to give selected tests that you use as an LSSP?

a. Yes, if the teachers give the tests under your supervision.

b. No, if the teachers do not have background in tests and measurements.

c. Yes, if the publisher allows such administration.

d. No, if standardized conditions would be violated.

e. It depends on all of the above conditions.

Ethical/Legal Areas Addressed

Assessments Conflict between rules and laws

Experimental procedures Professional relationships

Avoiding harm Multiple relationships

Grandparent clause Personal problems and conflicts

Chapter 3 Lots of Trouble

A. Your internship requires that you undertake some counseling cases. Because your internship has been combined with a job as a Diagnostician, you have little time to work in the non-assessment aspects of the internship. Your supervisor wants you to undertake counseling cases in the high school where you do assessments, in order to save travel time. The high school principal particularly wants you to counsel the youngsters you have tested, and vice versa, since you already have rapport with them. What do professional guidelines say about such arrangements?

Resources:

APA 3.05 - Multiple Relationships